Vendor Statement Instruction

Your name :
(We require copy of your driver’s licence or passport for all persons whose names are on title)
Phone number :
Email address :
Property address :
Re: Sale of your Property

Thank you for your instructions to act on your behalf in relation to this sale.

To enable us to prepare a Vendors’ Statement, we must advise you about certain matters and we require some information to be provided to the best of your knowledge. If any matters listed do not affect your property, please answer ‘not applicable’ (N/A). Some questions can be properly answered by our obtaining Statutory Certificates, but other questions need to be answered by you because you have personal knowledge of the property.


GST

1. The sale of residential properties (other than new residential) does not attract GST. If you have any queries regarding Capital Gains Tax, GST, the Margin Scheme or any other taxation issues, you should consult your Accountant as we do not advise re these taxation matters.


The Title document

2. We shall obtain a current search of the title to the property.


The Property

   
4. Has the local Council notified you of any plans it has in relation to the area, such as :
   
   
   
   
   
   
   
   
   

Easements

9. Are you aware of any carriageway or drainage easements over the property?

   
   
   
   
   

Sewerage and Water

   
   

Improvements/buildings

   
If you are an owner-builder and do not comply with the strict disclosure requirements, then the Purchasers could withdraw from the purchase right up to the date of settlement.

The Act which governs building works is unclear, and even quite minor works which did not require a Permit could be considered ‘owner-builder’ works – there are not yet any test cases. If you are considered ‘owner-builders’, you would need to obtain a Condition Report, include certain Warranties in your Contract, and provide Warranty Insurance if the cost of the works was over $12,000.00.

   
   
   

Planning

   
   

Outgoings

   

Services

IMPORTANT

20. Are all services connected? IF ANY OF THE SERVCES BELOW ARE NOT CONNECTED PLEASE INDICATE THIS BELOW AS IT HAS TO BE SET OUT IN THE SECTION 32 UNDER THE NEW LAWS :


Notices and Orders

21. Have you received any Notices at all, from any Authority, other than annual rates notices, or do you believe that you are likely to receive such a notice? Details must be included in the Vendors’ Statement.


Insurance

22. Please ensure that you keep the property fully insured until settlement – there are situations in which Purchasers can withdraw if a property is substantially damaged and not reinstated before settlement.


Chattels and fixtures

23. You should consider what you are selling with the property. Generally a fixture, which passes with the property, is something which is so affixed to the property that damage would be caused to it or the property if it were removed, i.e. a built-in wardrobe. Generally a chattel is something which can easily be removed, without damage, i.e. a freestanding washing machine that plugs into a power point.

The Purchasers will be buying all improvements and fixtures, together with whatever chattels are particularly listed in the Contract. The Purchaser is entitled to the property, improvements, fixtures and specified chattels at settlement in the same condition as inspected as at the Contract date, fair wear and tear excepted.

If there is an item that appears to be a fixture, you would be wise to specifically exclude it in the Contract. If the property includes a dishwasher, a purchaser will ordinarily expect that the dishwasher stays with the property.


Growth areas infrastructure contribution

24. Is your property subject to make a contribution under this?

   

Disclosure of energy efficiency information


Margin scheme

26. Do you want the margin scheme applied to this contract? Please check with your accountant and confirm to me.

   
   
   
   

In addition to the above we require the following information in order to prepare the Section 32 Vendor Statement and Contract of Sale:
   
   

PARTICULARS OF MORTGAGE

If there is a Mortgage on the Title  please let us know who the lender is and your loan account number :


Please provide us with copies of the following documentation

  • Title (if available)
  • Council Rates notice
  • Water rates notice
  • Land Tax Assessment notice (if applicable)
  • Owner’s Corporation notices (if applicable)
  • Tenant Lease if applicable

  • Your legal obligations on sale

    You must ensure that you provide us with as much information as possible. If the Vendors’ Statement is incorrect or incomplete in any particular the Purchaser may be able to avoid the Contract, and also bring an action against you for misleading conduct. This situation could also result in you being liable for Agent’s commission on the sale as well as any re-sale, together with additional legal fees. We look forward to receiving a copy of this letter with your answers to our inquiries. If you have any questions, please call (03) 9571 5157.

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